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19710202 Regular City Council Meeting - Minutes I I MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON HELD FEBRUARY 2, 1971 AT TiNO O'CLOCK P.M. IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE. VERNON. CALIFORNIA. COUNCIL PRESENT: Anderson, Furlong, Mailliard, Ybarra COUNCIL ABSENT: Malburg The meeting was called to order by Mayor R. J. Furlong. It was moved by Mailliard, seconded by Ybarra, that minutes of the meetings of January 19 and 21, 1971 be approved as written and submitted. Motion carried. Communication from C. H. McGovern, City Attorney, dated December 16, 1970, with reference to certified check submitted by Hi-Line Power, Inc. with their bid for five (5) 7000 H.P. diesel engine generator assemblies, auxiliaries and spare parts, recom- mending that the certified check in the amount of $27,500.00 be deposited .into the City Treasury and that whatever legal remedies may be available be pursued to protect the City's interest, was presented. (Laid over at meetings of 1/5/71 and 1/19/71) The City Attorney reported orally that Mr. Mike Garoogian wished an additional 60 days to raise the balance of the purchase price. It was proposed that Mr. Garoogian deposit with the City Attorney $10,000.00 today to be deposited to the City's account. If the balance of the purchase price is not forthcoming within 60 days, the deposit of the certified check in the amount of $27,500.00, together with the $10,000.00 to be paid to the City Attorney on February 2, 1971, will constitute a total of $37,500.00, which will be deemed to be liquidated damages. Mr. Mike Garoogian was in the audience and concurred and indicated that this was the intention of Hi-Line Power, Inc. It was moved by Anderson, seconded by Ybarra, that the City accept the proposal and that the City Attorney be authorized to execute on behalf of the City of Vernon a memorandum of agreement to effect the proposal. Motion carried. Communication from The Pacific Telephone and Telegraph Company, dated January 18, 1971, transmitting a verified claim in an estimate amount of $91.41 for damage to a 3~-inch transite duct conduit on Washington Boulevard, was presented. (Copy to each member of the City Council) It was moved by Mailliard, seconded by Ybarra, that claim from The Pacific Telephone and Telegraph Company, dated January 18, 1971, be denied and referred to the City Attorney and the City's insurance carrier for necessary action. Motion carried. Communication from The Aetna Casualty and Surety Company, dated January 27, 1971, advising that pursuant to Section 3850 of the Labor Code, they are placing the City of Vernon on notice of their subrogation rights which arise from an accident that occurred on 10-9-70, resulting in injuries to Mr. Gerald o. Kern, was presented. (Copy to each member of the City Council) o.~ ,,:'j ~ I I -2- 2 2 71 It was moved by Anderson, seconded by Ybarra, that communi- cation from The Aetna Casualty and Surety Company, dated January 27, 1971, be received and filed. Motion carried. Summons in connection with Case Number 994,313 filed in the Superior Court of the State of California for the County of Los Angeles by George Miller Construction Company, a corporation, vs. City of Vernon, a Municipal corporation, for inverse condemnation, was presented. (Copy to each member of the City Council) It was moved by Mailliard, seconded by Ybarra, that Summons in connection with Case Number 994,313 filed in the Superior Court of the State of California for the County of Los Angeles by George Miller Construction Company, a corporation, vs. City of Vernon, a Municipal corporation, for inverse condemnation, be referred to the City Attorney, Special Counsel Hadley and the City's insurance carrier for necessary action. Motion carried. Communication from Mr. John S. Simpson, dated January 15, 1971, giving notice of his intention to terminate the lease agree- ment covering the premises at 3380 E. 50th Street within 30 days, was presented.. It was moved by Mailliard, seconded by Anderson, that communication from Mr. John S. Simpson, dated January 15, 1971, be received and filed. Motion carried. Communication from M. R. Mosquini, District Manager of the Southern California Edison Company, dated January 18, 1971, requesting that the apartment at 3380 E. 50th Street be leased to Mr. William Davis, journeyman lineman in the Vernon District, when it becomes available for occupancy, was presented. (Copy to each member of the City Council) It was moved by Ybarra, seconded by Anderson, that the city-owned apartment at 3380 E. 50th Street be leased to Mr. William Davis when it becomes available for occupancy. Motion carried. Communication from C. E. Nemethi, M.D., Health Officer, dated January 19, 1971, requesting authority for Louis S. Hauger to attend the annual meeting for Directors of Radiation Control Contract Programs in California in Berkeley from February 24 to 26, 1971, inclusive, with an expense allowance of $209.37, was presented. It was moved by Mailliard, seconded by Ybarra, that the request of the Health Officer, dated January 19, 1971, be approved and authority granted to issue warrant in the amount of $209.37 to Louis S. Hauger. Motion carried. Communication from R. Hu King, Director of Public Works, dated January 20, 1971, recommending that the City make application to the Public Utilities Commission for an allocation of funds for crossing protection work at Crossing No. 3A-5.07-C, Union Pacific tracks at 37th Street, was presented. Resolution No. 4030 - A Resolution of the City Council of the City of Vernon, authorizing the submission of a request for the allocation of funds from the Public Utilities Commission of the State of California, was presented. I I -3- 2 2 71 It was moved by Mailliard, seconded by Anderson, that Resolution No. 4030 be approved and adopted. Motion carried. Ayes: Anderson, Furlong, Mailliard, Ybarra Noes: None Absent: Malburg Communication from R. H. King, Director of Public Works, dated January 20, 1971, recommending that the Master Plan of Streets be amended to show the changes listed and as shown on the enclosed print, was presented. (Copy of letter to each member of the City Counc il) It was moved by Anderson, seconded by Ybarra, that the recommendation of the Director of Public Works, dated January 20, 1971, be approved. Motion carried. Communication from R. H. King, Director of Public Works, dated January 22, 1971, transmitting an easement from Obert B. Olson and Anita S. Olson covering a portion of Bandini Boulevard; and recommending that the Easement Deed be accepted and that the grantor be advised of the official recordation, was presented. It was moved by Mailliard, seconded by Ybarra, that Easement be accepted from Obert B. Olson and Anita S. Olson; and that the Mayor and the City Clerk be authorized to execute Certificate of Acceptance. Motion carried. Communication from R. H. King, Director of Public Works, dated January 27, 1971, requesting authority to attend the 39th Annual Meeting of the California Municipal Utilities Association at Santa Cruz, California, from March 1 to 3, 1971, inclusive, with an expense allowance of $174.00, was presented. It was moved by Anderson, seconded by Ybarra, that the request of the Director of Public Works, dated January 27, 1971, be approved and authority granted to issue warrant in the amount of $174.00 to R. H. King. Motion carried. Communication from Fireman Ralph Emmons, dated January 27, 1971, tendering his resignation effective January 31, 1971, was presented. It was moved by Ybarra, seconded by Anderson, that the resignation of Fireman Ralph Emmons be accepted effective January 31, 1971. Motion carried. Communication from L. Co Husted, Fire Chief, dated January 27, 1971, transmitting a request from Fireman Robert W. Leu, dated January 26, 1971, for a six month leave-of-absence commencing March 7, 1971 to take employment outside the State; and recommending that the request of Fireman Leu be denied, was presented. Fireman Robert W. Leu appeared before the City Council and reported orally that the reason he was asking for a leave-of-absence was because his wife and two boys have asthmatic problems, and that he wanted to ascertain if another climate would relieve their asthmatic problems. The Fire Chief then made an oral recommendation that in view of the additional information presented, Fireman Robert W. Leu be granted a leave-of-absence as requested. J I -4- 2 2 71 It was moved by Mai11iard, seconded by Anderson, that Fireman Robert W. Leu be granted a six month 1eave-of-absence commencing March 7, 1971. Motion carried. Communication from L. C. Husted, Fire Chief, dated January 27, 1971, transmitting a request from Frank C. Costigan, dated January 21, 1971, to be reinstated to the position of fireman with the Vernon Fire Department; and recommending that the request of Fireman Costigan be denied, was presented. It was moved by Ybarra, seconded by ~nderson, that the recommendation of the Fire Chief, dated January 27, 1971, be approved; and that the request of Frank C. Costigan to be reinstated to the position of fireman with the Vernon Fire Department, be denied. Motion carried. Communication from L. C. Husted, Fire Chief, dated January 20, 1971, requesting authority for Lloyd D. Schultz and Lawrence M. Jackson to attend the California Oil Fire School at the U.S. Naval Air Station, Miramar, California, on February 18 and 19, 1971, with an expense allowance of $74.20 each, was presented. It was moved by Ybarra, seconded by Mai1liard, that the request of the Fire Chief, dated January 20, 1971, be approved and authority granted to issue warrants in the amount of $74.20 each to Lloyd D. Schultz and Lawrence M. Jackson. Motion carried. Communication from R. H. Bockhacker, Police Chief, dated January 11, 1971, requesting that A. G. 01hausen be advanced from Policeman, Grade 3 to Grade 2, effective February 1, 1971, was presented. It was moved by Ande~son, seconded by Ybarra, that the request of the Police Chief, dated January 11, 1971, be approved. Motion carried. Communication from R. H. Bockhacker, Police Chief, dated January 20, 1971, requesting authority to attend the Annual Conference of California Police Chiefs and Attorney General Meeting at Fresno, California, from February 9 to 11, 1971, inclusive, with an expense allowance of $163.00, was presented. It was moved by Ybarra, seconded by Anderson, that the request of the Police Chief, dated January 20, 1971, be approved and authority granted to issue warrant in the amount of $163.00 to R. H. Bockhacker. Motion carried. Activity Log of the Police Department for the period January 16 - 31, 1971, inclusive, was presented. It was moved by Ybarra, seconded by Mai11iard, that Activity Log of the Police Department be received and filed. Motion carried. "Warrant Register No. 326" covering claims and demands presented during the period January 16 to 31, which includes Demands Nos. 1-296 to 1-379 (both inclusive) drawn on the United California Bank, totaling $237,127.83 (Light and Power Warrants $81,499.42) (Accounting Period February, 1971), was examined and audited. I I -5- 2 2 71 It was moved by Mai11iard, seconded by Ybarra, that "'Warrant Register No. 326" be approved and payment authorized for Demands Nos. 1-296 to 1-379 (both inclusive), with no exceptions. Motion carried. Ayes: Anderson, Furlong, Mai11iard, Ybarra Noe s : None Absent: Malburg Communication from R. H. King, Director of Public Works, dated January 28, 1971, requesting authority to add one 20,000 L.M.V. street light on 28th Street near the east end at an annual cost of $72.60, was presented. It was moved by Anderson, seconded by Ybarra, that the request of the Director of Public Works, dated January 28, 1971, be approved. Motion carried. Communication from Mr. Carlton Claunch, dated January 27, 1971, requesting an extension of time to vacate the premises at 3384 E. 50th Street, was presented. (Copy to each member of the City Council) It was moved by Furlong, seconded by Mai11iard, that the request of Mr. Carlton Claunch, dated January 27, 1971, for an extension of time to vacate the premises at 3384 E. 50th Street, be denied. Motion carried. Communication from Ka1 Kan Foods Incorporated, dated January 28, 1971, requesting permission to erect a sign as submitted on each side of the bridge crossing Alcoa Avenue between their meat plant and their warehouse, was presented. (Copy to each member of the City Council) It was moved by Mai11iard, seconded by Ybarra, that the request of Ka1 Kan Foods Incorporated, dated January 28, 1971, be approved. Motion carried. Communication from C. H. McGovern, City Attorney, dated January 28, 1971, addressed to the City Clerk, advising that he cannot recommend that the City Council waive the fee as requested by Mr. Donald J. Zerr, was presented. (Copy to each member of the City Council) It was moved by Ybarra, seconded by Mai11iard, that the request of Mr. Donald J. Zerr for an adjustment of his license fees, be denied; and that the Health Department be instructed to review the existing health permit fee covering Mr. Zerr's type of operation and make a report to the City Council. Motion carried. Communication from R. H. King, Director of Public Works, dated January 29, 1971, advising that Mr. Arthur H. Jones, Utility Man I, Public Works Department, is planning to retire from the service of the City effective at the close of the working day, February 19, 1971; and recommending that his retirement be accepted with appreciation and recognition of faithful, capable and loyal service, was presented. Resolution No. 4031 - A Resolution of the City Council of the City of Vernon, commending Arthur H. Jones for his many years of service to the City of Vernon, was presented. I I -6- 2 2 71 It was moved by Mailliard, seconded by Anderson, that Resolution No. 4031 be approved and adopted. Motion carried. Ayes: Anderson, Furlong, Mailliard, Ybarra Noe s : None Absent: Malburg Resolution No. 4032 - A Resolution of the City Council of the City of Vernon of intention to approve an amendment to contract between the Board of Administration of the Public Employees' Retire- ment System and the City Council of the City of Vernon, was presented. It was moved by Mailliard, seconded by Ybarra, that Resolution No. 4032 be approved and adopted. Motion carried. Ayes: Anderson, Furlong, Mailliard, Ybarra Noes: None Absent: Malburg There being no further business to come before the meeting, it was moved by Mailliard, seconded by Ybarra, that the meeting adjourn. Motion carried. Attest: ~ , ,) -' (A_~-~fJr;i:1 MaYdr_: City of verne) J;L. r;>'(V ~/La/G _ F. A. Ziemer, City Clerk- Director of Finance I I -6- 2 2 71 It was moved by Mailliard, seconded by Anderson, that Resolution No. 4031 be approved and adopted. Motion carried. Ayes: Anderson, Furlong, Mailliard, Ybarra Noes: None Absent: Malburg Resolution No. 4032 - A Resolution of the City Council of the City of Vernon of intention to approve an amendment to contract between the Board of Administration of the Public Employees' Retire- ment System and the City Council of the City of Vernon, was presented. It was moved by Mailliard, seconded by Ybarra, that Resolution No. 4032 be approved and adopted. Motion carried. Ayes: Anderson, Furlong, Mailliard, Ybarra Noes: None Absent: Malburg There being no further business to come before the meeting, it was moved by Mailliard, seconded by Ybarra, that the meeting adjourn. Motion carried. Attest: ~I .' J: .~./!j . ~'t I :. ~;3 May r - City of vernU ~ F. A. Ziemer, City Clerk- Director of Finance 94